[Adopted 7-22-2015 by Ord. No. 2222]
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms used in this article shall be as follows:
The Borough of Hanover, York County, Pennsylvania.
Any room, group of rooms, building or enclosure used or intended
for use in the operation of one business enterprise for the sale and
distribution of any product, commodity, article or service or use
or intended for use for any social, amusement, religious, education,
charitable or public purpose and containing plumbing facilities for
kitchens, toilet or washing facilities.
With regard to residential uses, any dwelling, house, residential
unit, group of rooms, house trailer, mobile home, enclosure, etc.,
occupied or intended for occupancy as separate living quarters for
an individual, family or other group of persons living together or
by persons living alone. Wastewater flow from residential customers
is assumed to be 200 gallons per day (gpd) pursuant to the guidelines
set forth in Act 57[1] for calculating residential flow contributions for the
purpose of assessing tapping fees for use of the sewer system.
Any property within the Borough upon which there is a structure
erected prior to the effective date of this article and intended for
continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sewage shall or may be discharged.
Any room, group of rooms, building or other enclosure used
or intended for use, in whole or in part, in the operation of one
business enterprise for manufacturing, fabricating, processing, cleaning,
laundering or assembling from which any waste, as distinct from sanitary
sewage, shall be discharged.
Any person, partnership, company, association, society, trust,
corporation, or other group or entity owning real estate within the
Borough of Hanover.
Any natural person, partnership, association, firm or corporation.
The singular shall include the plural.
Any person owning or occupying a residential property which
is connected to or entitled to connect to the sanitary sewer system
of Hanover Borough and shall also include those persons developing
property for residential dwellings that require multiple tapping fee
permits.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
No person shall connect any improved property to any part of
the Hanover Borough sewer system without first making application
for and securing a permit, in writing, from the Borough, as provided
for by ordinance of the Borough. Such application shall be made on
a form provided by the Borough.
There is hereby fixed and imposed a tapping fee upon the owner
of each residential, industrial or commercial property (other than
such owner who is subject to contractual or special agreements providing
for payment of certain sums in lieu of a tapping fee) making any connection
to the sewer system in the Borough, regardless of whether such connection
is direct or indirect, including changing the type of use of property
previously connected or connecting one or more new uses of the types
hereinafter referred to through an existing connection, and regardless
of whether such property is connected separately or through one or
more existing or new lateral or sewer connection(s) or such collection
line is owned by the Borough or owned by any owner other than the
Borough. Such fee is based upon the fee schedule duly adopted herewith.
The fee shall be in addition to any charges assessed against the owner
in the construction of a sewer main, as well as any other user charge
imposed.
With respect to the capacity part of the sewer system, the tapping
fee shall be fixed at a sum established by resolution adopted from
time to time by the Hanover Borough Council at a rate per EDU. A detailed
itemization of all calculations, showing the maximum fee allowable
for the capacity part of the tapping fee and the manner in which the
fee was determined shall be made part of any future resolution establishing
said fee.
With respect to the collection part of the sewer system, the
tapping fee is hereby fixed at the sum established by resolution adopted
from time to time by the Hanover Borough Council at a rate per EDU.
A detailed itemization of all calculations showing the maximum fee
and the manner in which the fee was determined shall be made a part
of any future resolution establishing said fee.
Each EDU shall be charged separately even though two or more
domestic units are or will be connected to either new or old collection
lines through a single connection (a building sewer, a wye or a manhole).
For nonresidential owners (commercial or industrial), the number of
EDUs to be assigned to each owner shall be determined from the nature
of the establishment and estimated and actual loads which may be or
are discharged into said collection lines. Whenever actual loads exceed
estimates, an additional tapping fee shall be charged.
Where any improved property connected to said collection line shall be converted, enlarged or remodeled or additional buildings shall be constructed on a property and connected indirectly to said collection line through an existing lateral, so as to create or establish additional uses as classified in § 286-30 hereof, an additional tapping fee determined in accordance with § 286-30 hereof for each such additional use shall be payable to the Borough by the owner of said property.
The tapping fee imposed hereunder shall be in addition to:
A.
Any connection fee, inspection charge or administrative fee imposed
by the Borough;
B.
Any customer facilities fee imposed by the Borough; and
C.
Any rental or other charges fixed, charged or imposed by the Borough
by reason of the use, or availability of use, of the sewer system
by such property.
The tapping fee shall be due and payable at the time application is made to the Borough to make any such connection to the sewer system, as provided in § 286-26 or, if no such application is made, upon the date when the Borough shall connect any such improved property to the sewer system, at the cost and expense of the owner, when such owner shall have failed to make such connection as required by the Borough pursuant to the provisions of the ordinance then in effect requiring such connection.
All tapping fees shall be payable to the Treasurer of the Borough
Council or to such other officer or representative of the Borough
as shall be authorized, from time to time, to accept payment thereof.
Payment of tapping fees charged by the Borough pursuant to this
article shall be enforced by the Borough in any manner appropriate
under laws at the time in effect.
The Borough reserves the right, from time to time, to adopt
modifications of, supplements to, or amendments to the resolution(s)
establishing the tapping fees referred to herein, to reflect appropriate
amendments to the cost components, design capacity, or other elements
of the required calculations of the tapping fee. Said modifications,
supplements and amendments shall be available for public inspection
at the Borough of Hanover Municipal Building.
